Clemente v. Federal Bureau of Investigation
2014 U.S. Dist. LEXIS 166706
| D.D.C. | 2014Background
- Plaintiff Angela Clemente, a long‑time researcher into alleged FBI corruption involving organized‑crime informants (notably Gregory Scarpa), filed FOIA requests in 2011; she received no responsive records before suing in January 2013.
- One June 26, 2011 request was limited to 500 pages; the FBI produced those 500 pages in June 2013. A broader October 30, 2011 request seeks all Gregory Scarpa‑related records; the FBI identified ~30,000 responsive documents.
- By the time of briefing the FBI had processed 1,420 pages and released 920 pages; it initially offered 500 pages/month, later raised offers to 1,500–2,000 pages/month.
- Clemente is terminally ill and argues expedited production (5,000 pages/month) is necessary both because of her health and the strong public interest in alleged FBI misconduct.
- The FBI moved for an Open America stay, citing increased FOIA workload, complexity, and limited resources; Clemente opposed and requested court‑imposed expedited processing.
- The Court denied the Open America stay, found the FBI did not show exceptional circumstances or sufficient progress in reducing its backlog, and ordered production at 5,000 pages/month on a rolling basis starting November 15, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FBI is entitled to an Open America stay (statutory extension for exceptional circumstances & due diligence) | Clemente implicitly: stay inappropriate; she had exhausted remedies and needed prompt processing due to public interest and her health | FBI: increased number, size, and complexity of FOIA requests, pending litigation obligations, and limited resources justify a stay and additional time | Denied—FBI failed to show "exceptional circumstances" beyond predictable workload and insufficient evidence of reasonable progress reducing backlog |
| Whether the court should order an expedited production schedule (requested 5,000 pages/month) | Clemente: 5,000 pages/month is reasonable given her terminal illness, public‑interest subject matter, prior delay, and the FBI has met such rates before | FBI: offered lower rates (up to 2,000 pages/month); processing at 5,000/month burdens agency resources | Granted—court ordered 5,000 pages/month rolling production as reasonable given public interest and Clemente’s limited life expectancy |
Key Cases Cited
- Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976) (stay available when agency is deluged beyond anticipated workload)
- Citizens for Responsibility & Ethics in Washington v. FEC, 711 F.3d 180 (D.C. Cir. 2013) (agency must notify requester within statutory FOIA time limits and explain withholdings)
- Elec. Privacy Info. Ctr. v. FBI, 933 F. Supp. 2d 42 (D.D.C. 2013) (analyzing Open America stay factors and FBI backlog evidence)
- Elec. Privacy Info. Ctr. v. DOJ, 416 F. Supp. 2d 30 (D.D.C. 2006) (courts may impose concrete deadlines to prevent unreasonable FOIA delays)
- Payne Enters. v. United States, 837 F.2d 486 (D.C. Cir. 1988) (unreasonable delays in disclosing non‑exempt documents violate FOIA’s purpose)
- Buc v. Food & Drug Admin., 762 F. Supp. 2d 62 (D.D.C. 2011) (insufficient evidence of changing workload complexity may defeat stay request)